Eric Sijohn Brown v. United States
HabeasCorpus
(1) Does the Third Circuit Court Of Appeals decision contrevene Buck. v. Davis,85 U. S.L.WI 4037,2017 BL :54115 (U.s.2/22/17) because the 3rd Circuit in denying a certificate of appealability motion, decided the merits of petitioner's §2255 claim and petitioners certificate of service attached to the plea agreement was issued without any signatures ?
(la) Buck held that an appeals court's statutory juridiction to grant or deny a certificate of appealability under 28 U.S.C. § 2255 isn't coextensive with a merits analysis.
(lb.) Brown pursued a habeas claim, arguing that his attorney was ineffective. The district court rejected that claim, and the U.S.C. of Appeals for the 3rd Circuit refused to grant a C.O.A. because Brown failed to show "extraordinary circumstances" warranting relief.
Does the Third Circuit Court Of Appeals decision contravene Buck v. Davis